Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. KEITH DRAKE -- rank: 1000

... parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence ... period of parole ineligibility under the No Early Release Act," N.J.S.A. 2C:43-7.2(d)(8). Thus, the court found that "the No ... and a three-year period of parole supervision under NERA, N.J.S.A. 2C:43-7.2(a), (c). The court also imposed community supervision for ... years of parole supervision, reiterating that NERA "applies pursuant to N.J.S.A. 2C:43-7.2(d)(8)." Defendant filed a petition for post-conviction ... THE DEFENDANT IS CONSEQUENTLY SERVING AN ILLEGAL SENTENCE CONTRARY TO N.J.S.A. 2C:43-7.2. MANDATORY SERVICES OF 85 PERCENT OF SENTENCE FOR CERTAIN ... BE CONVICTED OF BOTH VIOLATION IN SUBSECTION d. (8) OF N.J.S.A. 2C:43-7.2. (SUBSECTION B. OF N.J.S. 2C:14- ...

docket:	a1514-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-24
status:	published
citation:	444 N.J.Super. 265 132 A.3d 1270
Document Size:	67648

2 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 995

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The remaining fifty-three counts charged in the indictment ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

3 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 889

... is not substantively different from a 'mandatory minimum sentence.' See N.J.S.A. 2C:43-7.2(b); cf. N.J.S.A. 2C:43-6 ... be used to create an immutable term. See, e.g., N.J.S.A. 2C:43-7.2 (stating that a court 'shall fix a minimum term ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64436

4 State v. Kevin Jerome Hudson -- rank: 855

... the lowest extended term sentence that could be imposed under N.J.S.A. 2C:43-7(a)(4), was five years. Notwithstanding his election to seek ... special sentence of parole supervision for life, enacted in 1994); N.J.S.A. 2C:43-7.1(b) (mandatory extended term for repeat violent offenders, enacted ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

5 State v. Rene M. Rodriguez -- rank: 848

... three statutory provisions calling for mandatory periods of parole ineligibility: N.J.S.A. 2C:43-7.2(a) (for individuals convicted of certain violent offenses under ... for offenses subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State concludes by taking issue with the Appellate ... certain violent offenses, such as murder and aggravated sexual assault. N.J.S.A. 2C:43-7.2(d). To “protect the public by incapacitating the ... during which [they] shall not be eligible for parole,” N.J.S.A. 2C:43-7.2(a) (emphases added). Similarly, as “a direct response ...

docket:	a-80-17
court:	NJ Supreme Court
decided:	2019-05-21
status:
citation:	238 N.J. 105 207 A.3d 1269
Document Size:	43710

6 STATE OF NEW JERSEY v. JOHN FARKAS -- rank: 799

... parole supervision required under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, was 'entitled to seek the vacation of his [guilty ...

docket:	a4386-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-17
status:	Unpublished
citation:
Document Size:	49664

7 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 792

... imposed on the leader conviction (count one) was mandated by N.J.S.A. 2C:43-7(c), and the five-year term imposed on maintaining a ... to an extended term on this conviction, and, pursuant to N.J.S.A. 2C:43-7(c), when a defendant is sentenced to life as an ...

docket:	a6176-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132384

8 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 792

... imposed on the leader conviction (count one) was mandated by N.J.S.A. 2C:43-7(c), and the five-year term imposed on maintaining a ... to an extended term on this conviction, and, pursuant to N.J.S.A. 2C:43-7(c), when a defendant is sentenced to life as an ...

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

9 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 792

... imposed on the leader conviction (count one) was mandated by N.J.S.A. 2C:43-7(c), and the five-year term imposed on maintaining a ... to an extended term on this conviction, and, pursuant to N.J.S.A. 2C:43-7(c), when a defendant is sentenced to life as an ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133

10 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 792

... imposed on the leader conviction (count one) was mandated by N.J.S.A. 2C:43-7(c), and the five-year term imposed on maintaining a ... to an extended term on this conviction, and, pursuant to N.J.S.A. 2C:43-7(c), when a defendant is sentenced to life as an ...

docket:	A5387-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132364

11 STATE OF NEW JERSEY v. MICHAEL E. MITCHELL -- rank: 790

... had two prior first-degree robbery convictions. Therefore, pursuant to N.J.S.A. 2C:43-7.1(a), he was eligible for life imprisonment without parole ... was the case in his two prior convictions. Counsel argued N.J.S.A. 2C:43-7.1(a) was inapplicable because it required the offenses to ... court correctly analyzed defendant's prior convictions and correctly applied N.J.S.A. 2C:43-7.1(a). Based on defendant's prior convictions for first ... a sentence of life in prison without parole, pursuant to N.J.S.A. 2C:43-7.1(a) because he had been convicted of first-degree ... enumerated statutes that are set forth under the provision of [ N.J.S.A.] 2C:43-7.1 which is a qualifying conviction for the imposition of ... ourt properly analyzed defendant's prior convictions and correctly applied [ N.J.S.A.] 2C:43-7.1(a). This [c]ourt feels it is bound ...

docket:	a3073-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-05
status:	Unpublished
citation:
Document Size:	26371

12 STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA -- rank: 787

... sentence defendant to life in prison without parole pursuant to N.J.S.A. 2C:43-7.1. Based on our review of the record and the ... life imprisonment without parole pursuant to the 'Three Strikes Law,' N.J.S.A. 2C:43-7.1(a). On March 17, 2022, the trial court granted ... SENTENCING [DEFENDANT] TO LIFE IN PRISON WITHOUT PAROLE, PURSUANT TO N.J.S.A. 2C:43-7.1[(a)], BECAUSE THE STATE FAILED TO CARRY ITS BURDEN ... predicate offenses occurred within the ten-year window enumerated by N.J.S.A. 2C:43-7.1(c). Our review of a sentencing court's imposition ... equivalent to a crime under any of the foregoing sections . . . . [N.J.S.A. 2C:43-7.1(a) (emphasis added).] In 2003, sections (a) and (b ... of conviction.' Cannel, New Jersey Criminal Code Annotated, cmt. on N.J.S.A. 2C:43-7.1 (2024). However, under the law's timing requirement, ...

docket:	a2296-21
court:	appellate
decided:	2024-05-29
status:	Unpublished
citation:
Document Size:	41942

13 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 787

... 2C:43-5 (providing for sentencing of young adult offenders); N.J.S.A. 2C:43-7 (defining requirements for extended-term sentences); N.J.S.A ...

docket:	a4473-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Published
citation:
Document Size:	60650

14 STATE OF NEW JERSEY v. KARRIEM SANCHEZ -- rank: 785

... to an extended term as authorized by subsection c. of [ N.J.S.A. 2C:43-7], notwithstanding that extended terms are ordinarily discretionary with the court ...

docket:	a2991-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-03
status:	unpublished
citation:
Document Size:	69920

15 IN THE MATTER OF REGISTRANT D.F.S. -- rank: 778

... years in prison, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, to be served at the Adult Diagnostic and Treatment ...

docket:	a0816-15
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	published
citation:	446 N.J.Super. 203 141 A.3d 324
Document Size:	57525